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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-0053 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1 Temp. Reso. # CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-94- FN A RESOLUTION AWARDING A BID TO REED LANDSCAPING, INC.FOR BID #93-09 FOR THE SUPPLY, INSTALLATION AND GUARANTEE OF TREES TO BE INSTALLED ON THE WOODMONT 70TH STREET MEDIANS PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN WHEREAS, bids were advertised in the Fort Lauderdale News/Sun Sentinel, a newspaper of general circulation in Broward County, Florida, on September 29, 1993 and October 6, 1993; and WHEREAS,,bids were opened on October 15, 1993; and WHEREAS, Reed Landscaping, Inc., is the lowest full responsive and responsible bidder. NOW, THEREFOREi BE IT RESOLVED BY THE CITY COUNCIL OF TEE CITY OF TAMA.R.AC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and a e hereby made a specific part of this Resolution. That the bid of October 15, 1993 in the.amou t of $24, 560.00 for the supply, insta-llatiion 'and guarantee of tre s to be installed on the Woodmont 70th Street Medians is HERE Y APPROVED. SECTION 3: That the funds are to be allocated for this Project from Grant Funding, Account Woodmont Streetscape Project No.153-071-539-4RH. SECTION 4: That the appropriate City officials are here y authorized to execute the attached contract herein identified As Exhibit "A" and made a part thereof with such changes as are negotiated by the City Manager and approved by the City Attorney, and any other documents in connection with the awarding of th s bid. rf 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 FWA 18 19 20 21. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 2 Temp. Reso. # �L/ SECTION 5: All resolutions or parts of resolutions i conflict herewith are hereby repealed to the extent of suc conflict. SECTION E, If any clause, section, other part o application of this, Resolution is held by any court of competen jurisdiction to be unconstitutional or invalid, in part o application, it shall not affect the validity of the remainin portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 1994. . lf4 C. H.L. BENDER MAYOR ATTEST: �. CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I Rha approved thi SOft=ON as to for CITY A SWEETSCAPE BID/rkt MAYOR DUST 1: DIST. 2: GDIST. 3: DIST. 4: RF-CORD OF COUNCIL VOTE ,to • 10 01990 City of Tamarac AGREEMENT BETWEEN THE CITY OF TAMARAC AND REED LANDSCAPING, INC. FOR THE SUPPLY, INSTALLATION AND GUARANTEE OF TREES IN THE WOODMONT 70TH STREET MEDIANS PROJECT JANUARY 5,1994 0 THE CITY OF TAMARAC AND REED LANDSCAPING, INC. FOR THE SUPPLY, INSTALLATION AND GUARANTEE OF TREES IN THE WOODMONT 70th STREET MEDIANS PROJECT �� This is an Agreement dated the / 7 ay of 1994, between THE CITY OF TAMARAC, a municipal corporation organized pursuant to Florida Statute 166, its successors and assigns, (hereinafter referred to as "CITY"), • through its City Council, and REED LANDSCAPING, INC., its successors and assigns, (hereinafter referred to as "CONTRACTOR"). In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and CONTRACTOR hereby agree as follows: ARTICLE 1 Statement of Work The CONTRACTOR shall furnish materials, labor, equipment and services, and shall perform all work as amended and as shown on the Drawings and described in the specifications prepared by Landscape Architect Kimberly Moyer, for the City of Tamarac on 70th Street according to Tamarac Bid No. 93-09. ARTICLE 2 Contract Price CITY shall pay CONTRACTOR for the performance of the work called for under this Agreement a lump sum in current funds, of $24,560.00. Time of Completion CONTRACTOR agrees to begin work covered by this Agreement within ten (10) days after signing this Agreement, weather permitting and to complete the work fully, exclusive of maintenance not to exceed a three (3) month period of time from the date of Bid Award (no later than April 15, 1994). ,�- S S- fie. 1�9 " 0 ARTICLE 4 Payment for Work Upon approval of bid award, the CITY will issue the CONTRACTOR a purchase order for the full amount of contract. Upon substantial completion of installation or upon completion of a portion of work for which payment is expected, the CONTRACTOR shall notify the Landscape Architect for inspection and submit an invoice to the Landscape Architect. The CONTRACTOR shall notify the Landscape Architect for final inspection and submit an invoice to the Landscape Architect. The ten (10%) of each billed amount withheld from all payments shall constitute the final payment which shall be made upon final approval by the Landscape Architect. ARTICLE S Agreement Documents The Agreement documents shall consist of the following component parts: This Instrument, General Conditions, Technical Specifications, and Drawings. It is expressly agreed that this Agreement and the other documents set forth in this Agreement and attached hereto, and which are made a part hereof as fully as if they were set forth at length herein, embody the entire Agreement between the parties; and no verbal alternatives or variations shall be binding on the parties or create any obligations or liabilities not set forth or provided for herein. ARTICLE 6 General Conditions aw_C1I Ili CI ► _ 4 ► 1.t (a) Agreement: The Agreement Documents shall include those enumerated in Article S above. The intent of the Agreement Documents is that the CONTRACTOR shall furnish all labor, materials, equipment and services necessary for the completion of the proposed work. The Agreement Documents shall be signed in three counterpart copies by the CITY and the CONTRACTOR and each signer shall retain a copy and the third copy shall be filed with the Landscape Architect. (b) Annrovals- All samples, shop drawings or schedules required for approval shall be furnished by the CONTRACTOR as directed subject to approval by the Landscape Architect representing CITY. The work shall be done in accordance with these approved items, and the Landscape Architect's drawings and specifications. (c) Surveys. Permits and Regulations: Unless otherwise specified, the CITY shall furnish all needed surveys for this work, at their expense. Permits, licenses, royalties and lien fees necessary for the prosecution of the work shall be secured and paid for by the CONTRACTOR. Easements for permanent structures, permanent 2 changes in existing facilities, or legal documents needed for the work, shall be secured and paid for by the CITY, unless otherwise specified. CONTRACTOR shall coordinate through the Building and Engineering Departments for all necessary and appropriate permits. CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations concerning the construction of the project as drawn and specified If the CONTRACTOR finds that the Drawings and Specifications are at variance therewith, he shall immediately notify the Landscape Architect, who shall promptly make such changes as are necessary. Existing conditions including surface features, soil boring data and any underground utilities shown on the plans and/or referred to in the specifications are for informational purposes only and shall not be deemed as part of the plans and specifications. It shall be CONTRACTOR'S obligation to verify and augment such information and data to fully satisfy himself as to the conditions under which the work will be done. The CONTRACTOR shall maintain in operating condition all active utilities encountered in this construction. He shall contact all public utilities involved and have their representative locate their pipes, conduits, cables or other facilities before construction is started. The CITY and the Landscape Architect do not assume responsibility for location or disturbance of utilities or other existing features or conditions encountered on this project. Any replacement or relocation cost shall be the CONTRACTOR'S responsibility, unless otherwise specified. (a) Indeandent ContrarAor: The relationship of CONTRACTOR to the CITY shall be that of an independent CONTRACTOR, and no principal agent or employer - employee relationship between the parties is created by this Agreement. By entering into this Agreement with CITY, CONTRACTOR acknowledges that it will, in the performance of its duties under this Agreement, be acting as an independent CONTRACTOR and that no officer, agent or employee of CONTRACTOR will be for any purpose an employee of the City of Tamarac and that no officer, agent or employee of CONTRACTOR is entitled to any of the benefits and privileges of a city employee or officer under any provision of the statutes of the State of Florida or ordinances of the City of Tamarac. This Agreement shall not be taken or held to imply the relinquishment or waiver by CITY of its power to make other reasonable requirements or regulations pertaining to the subject matter hereof, and CITY hereby expressly reserves the right to make all regulations which may be necessary or proper to secure the safety, welfare and accommodation of 3 the public, including, but not limited to, the right to adopt and enforce regulations to protect and promote the health and general welfare of the public from danger and inconvenience in the management and operation of the Supply; Installation and Guarantee of Trees in the Woodmont 70th Street Medians Project. Nothing herein contained shall constitute a waiver of any of the requirements of the rules and regulations adopted by CITY, including the right to make such changes and amendments to said rules and regulations as said CITY may deem to be advisable and necessary to protect the public health and general welfare of its inhabitants. (c) Access to worn. It shall be the obligation of CONTRACTOR to provide proper facilities to permit CITY and Landscape Architect to observe and inspect the work•during any state of the construction. All work shall be done subject to the approval of CITY and the Landscape Architect. All decisions and questions which may arise as to the quality or acceptability of materials furnished, work performed, progress of the work, interpretation of drawings and specifications, and all questions as to acceptable fulfillment of the Agreement by CONTRACTOR shall be made by the Landscape Architect. All claims of CONTRACTOR or CITY shall be made to the Landscape Architect for decision. All decisions og`the Landscape Architect shall be made in writing within a reasonable period of time and shall be final; except where time and/or financial considerations are involved; which shall be subject to review by CITY. Upon termination CITY may take possession of the premises and of all materials, tools, equipment and appliances thereon and finish the work by whatever method deemed expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment. In case the statement of accounts shows that the cost to complete the work including compensation for additional landscape architectural, managerial, and administrative services, is less than that which would have been the cost to CITY had the work been completed by the CONTRACTOR under the terms of the Agreement, the excess shall be paid to the CONTRACTOR. If such expense exceeds the unpaid balance, the CONTRACTOR shall pay to CITY the difference, as certified by the Landscape Architect. (e) ' CITY has right to stop work and terminate the work within thirty (30) days written notice. G' • (n Correction of Work• All work and materials condemned by the Landscape Architect as failing to comply with the Agreement Documents shall be promptly removed, replaced, and/or, re -executed by the CONTRACTOR to bring it into compliance with the requirements. This shall be done at the expense of the CONTRACTOR without cost to CITY and shall include making good all work of the contractors destroyed or damaged by such removal or replacement. (g) Lim Before payment at substantial completion is made the CONTRACTOR shall furnish CITY with a full release of lien signed by all sub- contractors and material men associated in any way with the work. These releases shall be accompanied by a notarized affidavit (sworn statement) to the effect that all claims of any character pertaining to the performance of the Agreement, including sub -contractors, material suppliers and labor have been paid in full and that the acceptance of final payment is acknowledged as a release of the CITY from any and all claims arising under or by virtue of the Agreement. 9XIMErl"I'M :.1all ORMI 024 zl CONTRACTOR shall secure and maintain insurance coverages, in the amounts required and/or stipulated in Bid No. 93-09 protecting him from claims ; under Workmen's Compensation and Employer's Liability Insurance as required by law; Public Liability, Bodily Injury including death, and Property Damage which may arise in the course of carrying out the work under this Agreement. Certificates of such insurance shall be filed with CITY before commencing any of the work under this Agreement. The CONTRACTOR shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to his act or neglect. The CONTRACTOR shall indemnify and hold the CITY harmless from and against any and all losses and/or claims brought or recovered against the CONTRACTOR or his sub- contractors by reason of any error, omission or act of the CONTRACTOR, his agents or employees in the execution of the work or the guarding of it. • 6.4 EgoGgESS AND CQMPLE110N OF THE WORK: (8) g hed de of -omo don: Following the execution of the Agreement by CITY, CONTRACTOR shall begin work within ten (10) days, unless otherwise notified in writing, and shall prosecute the work regularly and without interruption, weather permitting, so as to complete the work within the time stated in the Proposal. S 11 0 (b) Changes in the Work: If and as the need arises, CITY may order in writing changes and/or extra work without invalidating the Agreement. At the time of ordering such changes, additions, deletions or modifications, the amount or method of compensation and any adjustment in the time of completion shall be determined and stipulated in writing. (c) Clean_un: CONTRACTOR shall at all times keep the premises and public streets free from an accumulation of waste material or rubbish caused by his employees or work, and at the completion of the work he shall remove all waste and excess material, rubbish and equipment such as left after plant materials, tree limbs, un-clean fill/soil, papers, litter, cans, burlap bags "and landscape materials so as to leave the work and the premises neat and clean and ready for the purpose for which they were intended. ARTICLE 7 Discrimination Prohibited Affirmative Action CONTRACTOR, in the execution, performance, or attempted performance of this Agreement, shall not discriminate against any person or persons because of sex, race, religion, color, or national origin, handicap or marital status. CONTRACTOR'S employees or applicants for employment (as provided in Title VI of the 1964 Civil Rights Act, the Florida Human Rights Act of 1977, and the American Disabilities Act of 1992), understand and agree that this Agreement is conditidned upon the veracity of this Statement of Assurance. CONTRACTOR herein assures CITY that said CONTRACTOR will comply with Title VI of the Civil Rights Act of 1964 when federal grants are involved. Other applicable Federal and State laws, Executive Orders, and regulations prohibiting discrimination as hereinabove referenced are included by this reference thereto. This Statement of Assurance shall be interpreted to include Vietnam - Era Veterans and Disabled Veterans within its protective range of applicability. CONTRACTOR must be an Equal Opportunity Employer and have an affirmative action plan and not discriminate on the basis of handicapped status. ARTICLE $ Miscellaneous Provisions 8.1 VENUES This Agreement is construed according to the laws of Florida and shall be considered consummated in Broward County, Florida. All actions brought hereunder shall be brought exclusively in Broward County, Florida. �u 1 A &W I &#'1114 XC Time shall be deemed to be of the essence concerning this Agreement whenever time limits are imposed herein for the performance of any obligations by any of the parties hereto, or whenever the accrual of any rights to either of the parties hereto depends on the passage of time. 0 8.3 8.4 8.5 8.6 8.7 8.8 8.9 The failure of -CITY, at any time, to require performance by CONTRACTOR of any provisions herein shall in no way affect the rights of CITY thereafter to enforce the same. Nor shall waiver by CITY of any breach of any provisions herein be taken or held to be a waiver of any succeeding breach of such provisions or as a waiver of any provision itself. FORCE MA TEURE: Neither CONTRACTOR nor CITY shall be liable for the failure to perform its duties if such failure is caused by a riot, war, governmental order, or regulation, strike, act of God, or other similar or different contingency beyond the reasonable control of CONTRACTOR. CONTRACTOR, its officers, agents, employees, and contractors, shall abide by and comply with all laws, federal, state and local. It is agreed and understood that, if CITY calls the attention of CONTRACTOR to any such violations on the part of CONTRACTOR, its officers, agents, employees, or subcontractors, then CONTRACTOR shall immediately desist from and correct such violation. ;. IFA 113 19 r 1. I::. No assignment of this Agreement or any right accruing under this Agreement shall be made in whole or in part by the CONTRACTOR without the express written consent of CITY; such concern of CITY shall not be unreasonably withheld. In the event of any assignment, the assignee shall assume the liability of CONTRACTOR. PAHAVzRAPH HEADINGS: The section in paragraph headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this Agreement. This Agreement constitutes the entire agreement and understanding between the parties relating to the subject matter, and it shall not be modified, altered, changed, or amended in any respect unless done so in writing and approved by the City Council of the City of Tamarac, Florida. Notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered, whether or not actually received, when deposited in the United States Mail, postage prepaid, s 7 • certified mail, return receipt requested, addressed to the respective party at the address set forth as follows: IX: City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321-2401 (305) 922-5900 WI CONTRACTUR: Iris Reed, President Reed Landscaping, Inc. 951 S.W. 121 Ave. Ft. Lauderdale, FL 33325 (305) 476-1426 With a cooly to: City Attorney City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321-2401 (305)122-5900 8.10 SEYERARILI.-Th If any part, section, sub -section or other portion of this Agreement is declared void, unconstitutional, or invalid for any reason, such part, section, sub -section, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Agreement, and all applications thereof not having been declared void, unconstitutional, or invalid shall remaiti in full force and effect. CIT Y and CONTRACTOR declare that no invalid or prescribed provision or application was an inducement to the execution of this Agreement, and that they would have executed this Agreement, regardless of the invalid or prescribed provision or application. 11 This Agreement shall be effective this day of 1994, which shall be the Commencement Date hereof. THE CITY OF TAMARAC, FLORIDA ATTEST: By: Mayor ;�- '� � Date• Dina M. McDermott Interim City Manager B ATTEST: y Dina M. McDermott Interim City Manager By; d , �. �'-�'Gx- Date: Carol A. Evans . City Clerk -` AnAr ed a to form: 11$' Kraft Attorney • 0 01 LJ I• STATE OF FLORIDA : SS COUNTY OF oRo w,4RD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to takes acknowledgments, personally appeared .L. `�`�to me known t6 be the person(s) described in d who executed the foregoing instrument and acknowledged before me that 44k& executed the same. Z� WITNESS my hand and official seal this /7 day of 1994. NOTARY PUBLIC, State of Florida at Large Yw NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. NOV. 60M 7 BONDED THRU GENERAL INS. UND. ;. (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( ) Personally known to me, or ( ) Produced identification ( ) DID take an oath, or ( Type of I.D. Produced v )DID NOT take an oath. W ATTEST: B• Ll eject REED LANDSCAPING, INC. y• Corporate Secretary Iris Reed, President ;Corporate Seal:) I Of: STATE OF FLORIDA" COUNTY OF lD P14� SS � R�u 951 S.W. 121 Avenue Ft. Lauderdale, FL 33325 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Iris Reed to me known to be the person described in and who executed the foregoing instrument and she acknowledged`before me that she executed the same. WITNESS my hand and official seal this 7Yµ .day of , 1994. A ` NOTARY P LIC. State of F cur C ibo+ !-- 50.0104-1 SERGE R. DAZILE �� My COMM. Exp. 12-25-95 �`BOnded 8v Serv1,-. i..- (Name of Notary Fumic: Print, Stamp, or Type as Commissioned) O Personally known to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 11